20-3-16. Policies, rules, and regulations governing participation by males and females in intercollegiate sports; designation and use of multiple occupancy restrooms, changing areas, and sleeping quarters; penalties; remedies.

Each governing body in this state shall adopt such policies, rules, and regulations as necessary to ensure the following for all intercollegiate competitions involving covered entities in this state:#

1. (1)

   Each covered entity shall designate each team operated or sponsored by such covered entity as one of the following:#

   1. (A)

      Male; or#

   2. (B)

      Female;#

2. (2)

   1. (A)

      Males shall not be allowed to participate in any intercollegiate competition in this state on any team that is designated as female.#

   2. (B)

      Females shall not be allowed to participate in any intercollegiate competition in this state on any team that is designated as male; provided, however, that females may be allowed to participate in an intercollegiate competition in this state on a team that is designated as male if a corresponding team designated for females is not offered or available for intercollegiate competitions;#

3. (3)

   1. (A)

      Multiple occupancy restrooms or changing areas and sleeping quarters shall be available to student athletes on the basis of sex and such facilities shall be comparable to such facilities provided for students of the other sex.#

   2. (B)

      No covered entity shall operate or sponsor one or more teams in any intercollegiate competition in this state that permits a male to use any multiple occupancy restroom or changing area or sleeping quarters designated for use by females in conjunction with such competition.#

   3. (C)

      No covered entity shall operate or sponsor one or more teams in any intercollegiate competition in this state that permits a female to use any multiple occupancy restroom or changing area or sleeping quarters designated for use by males in conjunction with such competition.#

   4. (D)

      To ensure the privacy and safety of student athletes, each covered entity that operates or sponsors one or more teams in any intercollegiate competition shall, in conjunction with such competition:#

      1. (i)

         Designate each multiple occupancy restroom or changing area and sleeping quarters for exclusive use by males or for exclusive use by females; and#

      2. (ii)

         Provide a reasonable accommodation to individuals who are unwilling or unable to use a multiple occupancy restroom or changing area or sleeping quarters designated for each such individual’s sex; and#

   5. (E)

      1. (i)

         A reasonable accommodation under this paragraph may include, but shall not be limited to, allowing such individual to access a single occupancy restroom or changing area or sleeping quarters.#

      2. (ii)

         A reasonable accommodation under this paragraph shall not include allowing such individual to access a multiple or single occupancy restroom or changing area or sleeping quarters that is designated for use by members of the other sex while members of the other sex of the individual are present or may be present in such restroom or changing area or sleeping quarters;#

4. (4)

   No covered entity shall host, sponsor, or participate in any intercollegiate competition in this state that permits a male to:#

   1. (A)

      Participate in any intercollegiate competition in this state on any team that is designated as female; or#

   2. (B)

      Use any multiple occupancy restroom or changing area or sleeping quarters designated for use by females in conjunction with such competition;#

5. (5)

   Nothing in subparagraph (a)(3)(D) or (a)(4)(B) of this Code section shall be construed or applied to prohibit an individual from entering a multiple occupancy restroom or changing area designated for use by individuals of the opposite sex when he or she enters such area for one of the following reasons:#

   1. (A)

      For authorized custodial, maintenance, or inspection purposes;#

   2. (B)

      To render emergency medical assistance;#

   3. (C)

      To address an ongoing emergency, including, but not limited to, a physical altercation;#

   4. (D)

      A minor child is accompanied by his or her parent or legal guardian who deems such entry necessary for the child’s safety, welfare, or assistance; or#

   5. (E)

      The performance of official duties and responsibilities as authorized coaches and trainers for purposes directly related to a competition or other official activity of a team, including practice; and#

6. (6)

   No covered entity shall award to a male an athletic scholarship allocated to, associated with, or otherwise intended for a female team member.#

Nothing in this Code section shall be construed to prohibit males from participating in practices, exhibitions, or scrimmages with teams designated as female; provided, however, that nothing in this subsection shall be construed to permit a male to receive a scholarship in conjunction with such participation.#

Nothing in this Code section shall be construed to authorize a covered entity or governing body to verify or confirm a student athlete’s sex through visual inspection of such student athlete’s external sex organs for purposes of participation in competitions; provided, however, that this paragraph shall not prohibit reliance on medical records or other standard school medical procedures to verify or confirm a student’s athlete’s sex.#

Any covered entity or governing body that violates any provision of subsection (a) of this Code section shall be subject to the withholding of state funding. Such withholding of state funding may include funds provided to one or more postsecondary educational institutions or governing bodies directly, as well as funding for scholarships, loans, and grants pursuant to this chapter for students of such postsecondary educational institutions.#

1. (1)

   In addition to any other rights or remedies otherwise provided by law, any student:#

   1. (A)

      Who is deprived of an athletic opportunity or suffers any harm as a result of a violation of this Code section shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student is the prevailing party in such action, such student shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney’s fees, court costs, and expenses of litigation, and any other appropriate relief; or#

   2. (B)

      Who is subject to retaliation or other adverse action by a covered entity, a governing body, or a local, state, regional, or national athletic conference or athletic association as a result of reporting a violation of this Code section to an employee or representative such covered entity, governing body, athletic conference or athletic association, or to any state or federal agency with oversight over postsecondary educational institutions in this state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law. If an aggrieved student is the prevailing party in such action, such student shall be entitled to an award of monetary damages, including for any psychological, emotional, or physical harm suffered, reasonable attorney’s fees, court costs, and expenses of litigation, and any other appropriate relief.#

2. (2)

   All civil actions brought under this subsection shall be initiated within two years after the alleged harm occurred.#

Nothing in this Code section shall be construed to abrogate or otherwise affect the operation or application of Section 504 of the federal Rehabilitation Act of 1973, the federal Americans with Disabilities Act of 1990, or the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.#